COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ DECEMBER NINE COMPANY, LTD., D/B/A PEOPLECARE, § Appellant, § No. 08-10-00341-CV v. § Appeal from the § 205th Judicial District Court MARJORIE HERNANDEZ, INDIVIDUALLY, AS SURVIVING § of El Paso County, Texas MOTHER OF LORRAINE LOPEZ, DECEASED, AND ON BEHALF OF § (TC# 2008-3358) THE ESTATE OF LORRAINE LOPEZ, § Appellee.

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MEMORANDUM OPINION Pending before the Court is Appellant’s motion for voluntary dismissal of this appeal.

See TEX .R.APP .P. 42.1(a)(1). The motion is granted, and this appeal is dismissed. Costs of appeal are assessed against Appellant. See TEX .R.APP .P. 42.1(d).

April 13, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.